Jim Cole/AP Photo

DES MOINES, Iowa - As he railed against "activist" judges, Texas Gov. Rick Perry slipped up on not only the name of one of the Supreme Court justices but also on how many sit on the bench.

"When you see his appointment of two, from my perspective, inarguably activist judges whether it was …"  Perry said in the Des Moines Register editorial board meeting, pausing for six seconds. "Not Montemayor …"

"Sotomayor," a member of the editorial board interrupted.

"Sotomayor, Sotomayor," Perry said. "And Kagan are both activist judges."

Shortly after this flub, Perry referred to  "eight unelected" judges when discussing who should decide whether prayer is allowed in schools.

"For Washington to tell a local school district that you cannot have a prayer and a time of prayer in that school is, I think, offensive to most Americans. I trust the people of the states to make those decisions. I trust those independent school districts to make those decisions better than eight unelected, and frankly, unaccountable judges," Perry said

But there are nine Supreme Court justices, not eight.